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rhett o rick

(55,981 posts)
14. I agree. But I would trust the system set up by our Founders in the Constitution.
Thu May 31, 2012, 04:08 PM
May 2012

I do not advocate for a direct democracy but a constitutionally controlled democratic republic like the Constitution sets up. The Civil Rights Act is a great example how the system should work as set up by our Founders. The law was written and passed by representatives acting on behalf of citizens. The law was signed by the President acting on behalf of the citizens. Had the citizens objected they could have at least tried to persuade Congress and the President not to pass the law. And if unsuccessful they could have elected representatives that would change the law. This law got passed without any help of the SCOTUS. However, a conservative activist court could have or actually still can deem this law unconstitutional as they recently did with the McCain-Feingold Bill.

The Constitution does not allow the SCOTUS the judicial review authority and the decision to give them that authority was not given by either Congress, the President or the citizens. They gave themselves that authority. I think Citizen's United is the tip of the conservative, activist SCOTUS iceberg.

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